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CONSTITUTIONAL ORGANIC LAW OF CARABINEROS

Original Language Title: LEY ORGANICA CONSTITUCIONAL DE CARABINEROS

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The Government Board of the Republic of Chile has given its approval to the following CONSTITUTIONAL ORGANIC LAW of the Carabinieri CONSTITUTIONAL LAW OF CARABINEROS TITLE I General Provisions Article 1. Chile is a technical and military police institution, which integrates public force and exists to give effect to the law; its purpose is to guarantee and maintain public order and internal public security throughout the territory of the country. Republic and fulfill the other functions entrusted to it by the Constitution and the law. It will depend directly on the Ministry of the Interior and Public Security and will be administratively linked with it through the Interior Secretariat. Carabineros will relate to the Ministries, Intrends, Governorships and other Regional, Provincial or Community authorities, through the Directorate General, High Partitions, Partitions and Units, as appropriate. As a result of the particular requirements imposed by the police function and the professional career, the bodies and staff who develop them, as well as their vocational training institutes, shall comply with the rules of jurisdiction, disciplinary and (a) administrative provisions laid down in this law and in the respective legislation. Article 2 °.-Carabineros of Chile as an armed police force is essentially obedient, non-deliberative, professional, hierarchical and disciplined and its personnel will be subject to the basic norms established in this organic law, its Statute, Code of Military Justice and Internal Rules. Such personnel may not belong to Political Parties or to trade union organizations. It shall also not belong to institutions, groups or bodies whose principles or objectives are counterposed or incompatible with the provisions of the previous paragraph or with the functions that the Constitution of the Republic and the laws of the Republic of entrusts Carabineros. The use of the emblem, colour and design of uniforms, degrees, symbols, insignia, decorations and distinctive features which are characteristic of the institution and its staff, and which are determined in the Staff Regulations, shall be the sole responsibility of the Institution and its staff. laws and regulations. Article 3.-Carabineros of Chile may establish the police services it deems necessary for the fulfillment of its specific purposes, in accordance with the Political Constitution and the respective legislation. In any event, and in compliance with the constitutional function of guaranteeing public order and internal public security, the distribution of personnel and the means associated with the establishment of police services must be informed in a manner at least semi-annually, to the Ministry of the Interior and Public Security. A Regulation shall determine the extent of the breakdown of the information relating to the distribution referred to above. It is the institution's essential mission to develop activities aimed at strengthening its preventive policing role. The investigation of the crimes that the competent authorities entrust to Carabineros may be carried out in their laboratories and specialized agencies. The above, as well as the action of the staff at the site of the event, will be regulated by the respective laws and regulations. The protection of the person of the President of the Republic and of the foreign heads of state on an official visit, as well as the security of the Government Palace and the residence of these authorities, will normally be the responsibility of Carabineros. Police surveillance of the borders of Chile's Carabineros will be carried out in accordance with the laws and general rules governing the matter. The institution shall also be responsible, in the form determined by law, for the supervision and control of persons who carry out private surveillance activities. Article 4 °.-Carabineros de Chile will provide the |! |judicial authorities with the help of the public force |! |that they request in the exercise of their privileges. |! | In addition, you will collaborate with the prosecutors of the Ministry |! | Public in the investigation of the crimes when so |! |they have it, without prejudice to the actions that in |! |virtue of the law it is up to you to perform without mediating |! of the prosecutors. You must |! |comply without further processing your orders and will not be able to qualify |! |your foundation, opportunity, justice or legality, except |! |require the display of judicial authorization |! |prior, if applicable. Carabineros, likewise, will lend to the authorities |! |administrative the aid of the public force that |! |they request in the legitimate exercise of their |! |attributions. In qualified situations, Carabineros will be able to |! |require the administrative authority to order |! |written, when by the nature of the measure you consider it |! |convenient for your compliance. The administrative authority will not be able to request |! directly the aid of the public force, nor |! | Carabineros will be able to grant it, regarding matters that |! |is investigating the Public Ministry or are |! |submitted to the knowledge of the courts of justice |! |and have been the object of ordered measures or |! |decreed by them and communicated or notified, in their |! case, to Carabineros. Article 5 °.-The staff of the Carabineros shall be composed of: 1.-Supreme Nomination Staff. A. OFFICERS OF ROW B. OFFICERS OF SERVICES C. CIVIL PERSONNEL 2.-Institutional Appointment Staff. A. ROW STAFF. B. CIVILIAN PERSONNEL. This staff will integrate the Institutional Plant, forming hierarchically structured escalations, under the conditions that the law determines. Article 6 °.-The degrees and the hierarchical scale of the |! |staff will be as follows: 1.-SUPREME APPOINTMENT STAFF General Officers -General Director of the Carabinieri-General Inspector of Carabinieri-General of Senior Officers -Colonel of Carabineros Officers-Lieutenant Colonel of Carabineros-Major of the Deputy Officers-Captain of Carabineros-Lieutenant of the Carabineros-Sublieutenant of Carabineros 2.-INSTITUTIONAL APPOINTMENT STAFF. -Subofficial Major of the Carabineros-Subofficial of the Carabineros-Sergeant 1 ° of Carabineros-Sargento 2 ° of Carabineros-Cape 1 of Carabineros-Carabinieri-Carabinero 2 °. The Supreme Nomination Civil staff and |! | Institutional will occupy places of degrees equivalent to |! |those of the row staff and will be grouped hierarchically |! |in their respective escalations. Article 7 °.-The Directorate-General may contract on a temporary basis, when the needs of the service so require and to inform the Ministry of the Interior and Public Security, professionals, technicians, administrative and workers (a) the day of the day of the day of the day of the day of the day of the day of the day of the day of the day of the day of the day of the day of the day of the day. This staff will not integrate the Institutional Plant and its remuneration or fees will be paid in accordance with the law of budgets, special laws or with own funds of its internal agencies. Carabineros de Chile may temporarily hire Chilean or foreign civilian personnel to perform functions of a particular specialty, when the institution does not have experts in that area. TITLE II Professional Career Article 8 °.-The professional career constitutes a regulated technical system, whose guidelines allow the staff of the Carabineros to access each hierarchical grade, occupy positions, receive titles and Recognition of the law. The staff of Carabineros fulfill the obligations and exercise the rights that correspond to each of the degrees established in his professional career, within a hierarchical and disciplined system based on laws and regulations. PARAGRAPH 1 ° of the Income Article 9.-To belong to the Plant of |! | Carabineros is required to be Chilean, have health |! |compatible with the exercise of the office; have approved |! |basic education and possess educational level or |! |professional title or technical that because of the nature of the |! |employment corresponds; not having been convicted nor |! |find yourself declared as a defendant by judicial resolution |! |executed in process by crime or simple crime and |! |not having ceased a public office by measure |! |disciplinary or poor rating. The incorporation to the Carabinieri Plant of the |! | Officers and the staff of institutional appointment |! |can only be done through the Schools |! |institutional, with the exception of the officers of the |! |escalations of the services. The entry to the Plant will be done in the last place |! |the lowest grade of the respective scale, with |! |exception of the civil servants who are appointed |! |to occupy places that do not form escalafon. Article 10.-The appointments, promotions, reinstatement, calls to the service and withdrawals of the Supreme Nomination Staff, will be carried out by supreme decree issued through the Ministry of the Interior and Public Security, to the proposal of the General Director. The provision of the different jobs in Carabineros will be made by appointment or reinstatement, without prejudice to the rules on promotions. Article 11.-The Sublieutenants of Fila will be |! |appointed exclusively from among the Aspirants to |! | Officers graduated from the School of Carabinieri who |! |have approved the corresponding course. This squad |! |will make the selection of the students according to their |! |own regulations, and according to the laws in force. The appointment of the Justice Officers, |! | Health, Dental and Veterinary Health will be done prior to |! |selection among the applicants, who must possess |! |the corresponding university professional title. Article 12.-The Institutional Appointment Staff of Fila will be appointed in their respective steps exclusively from among the Alumni Carabineros who have approved the corresponding police training courses. Article 13.-The Civil Personnel of Supreme and Institutional Appointment shall be incorporated into the Plant as professional, technical, or administrative. Article 14. The personnel of the Carabineros plant who are in a temporary retirement situation may be reinstated by supreme decree or by resolution of the General Directorate, as appropriate. The reinstatement will be made within the respective scale, in the same degree as the person concerned at the time of his retirement. Article 15.-The change of Escalafon shall only be carried out in duly qualified cases by the Director General. It may be requested by the person concerned or available for the purposes of the service, in the form and conditions laid down in the Staff Regulations. Article 16. General Director, when the institutional needs so require, may propose to the President of the Republic, informing the Ministry of the Interior and Public Security, to call the Service, for a period of five years, to the Heads and Superiors of the Parties who are in a situation of absolute retirement, in the form and conditions laid down in the Staff Regulations. In the case of the Institutional Name of the Order and Security Staff, the power of appeal shall be the responsibility of the General Director. On the proposal of the Director General, the President of the Republic, by means of a supreme decree, will establish the number of jobs and degrees of the supreme and institutional appointment staff that can be called to the Service. This decree must also have the signature of the Finance Minister. This staff shall not be integrated into the Plant, and as long as it remains in service, it shall be subject to the provisions of Article 2 of this Law, and the limitations provided for in Article 41 (a) and Article 41 (e) shall not apply. 43 of this legal body. PARAGRAPH 2 of Professional Development Article 17.-Carabineros of Chile shall maintain a system of professional development for all personnel, with a view to obtaining, supplementing, updating and perfecting their knowledge, skills and abilities, which adapt, at least every ten years, to the needs of internal public security and maintenance of public order, as well as to the fulfilment of the other functions entrusted to it by the Constitution and the law, and can also act as a body training technician. Article 18.-Carabineros of Chile will be empowered to plan and conduct studies and courses of higher level in the fields inherent to their respective police professional tasks, as well as to grant the staff the corresponding technical qualifications, professional qualifications and academic degrees in those fields, in the form determined by the law. The professional qualifications, academic degrees and technical qualifications of higher level that are awarded in the respective schools of education of the Carabineros, will be equivalent for all legal effects to the similar ones conferred by the other higher level institutions recognised by the State, such as Universities, Professional Institutes and Technical Training Centres. Article 19.-The institution may grant study grants to staff, if the training or improvement activities contemplated in the programs include the performance of certain courses that are not taught in Carabineros. The staff who have the respective institutional sponsorship will have access, in addition, on a level playing field with the officials of the State Administration, to the different programs of training scholarships, in the country or abroad. Article 20.-Professional development will include enabling courses for the promotion, improvement and specialization of the staff. For the preceding purposes, the Director-General may conclude agreements with public or private institutions, national or foreign, by semi-monthly reporting to the Ministry of the Interior and Public Security. Article 21.-The National Budget shall annually consult the resources necessary to comply with the training programs referred to in Articles 18 and 19 of this Law. For these purposes, the Director General will propose to the Ministry of Interior and Public Security the budgetary needs to comply with approved training programs. ARTICLE 22 PARAGRAPH 3.-Professional performance shall be assessed through a rating and classification system. The decision to be issued will preferably be based on the merits and deficiencies accredited in the Life Sheet to be taken from each official, personal observation, professional qualities, moral, intellectual and physical capacity. The competent selection and appeal bodies are sovereign in terms of the assessments they issue regarding the suitability, professional efficiency and personal conditions of the qualified, not corresponding to other organizations other than Carabineros. review of the fundamentals of their decisions. Article 23.-For the purposes of the promotion and permanence in the institution, the staff shall be qualified annually, with the exception of the General Officers and staff who are in certain situations as laid down in the Staff Regulations. Personal, to which they will be valid their last qualification for all legal effects. Article 24.-The process of classification of staff, as well as the authorities and bodies entrusted with it, its composition, operation and powers shall be in accordance with the provisions of the Staff Regulations and Regulations relevant. The staff rating and rating system shall provide for review, complaint and appeal. PARAGRAPH 4 ° Of the Ascensuses Article 25 °.-The promotion of the personnel shall be carried out exclusively by the ascent to the degree immediately above. For such purposes, the respective Escalaphones or Roles shall be used. The promotion of the staff of the Carabineros will be available with the same date of the respective vacancy. Article 26.-The promotion to the immediate higher grade shall be conferred with the fulfilment of the requirements, among which, in any case, it shall be considered time to remain in the respective grade and list of classification. The Director General may dispense with the fulfilment of one or more promotion requirements, with the exception of those mentioned in the preceding paragraph. However, in the case of vacant positions of Teniors and professionals for whose performance is required university degree, the General Director of the Carabinieri will be empowered to dispense the staff of the time requirement in the grade. for the effects of his ascent. Article 27.-The staff may not be promoted |! |proposed for the withdrawal: the one whose decree of withdrawal |! |is in the process, or the one included in the Escalafon |! |of Complement, although to the date of the respective |! |resolution of the authority institutional exists the |! |vacancy and the official has the requirements met. Article 28.-The promotions of the Civil Officers and Employees of Supreme Nomination shall be effected by supreme decree, issued through the Ministry of the Interior and Public Security, on the proposal of the General Director, considering the requirements and provisions to be laid down in this law and the respective Staff Regulations. Article 29.-The General Officers shall ascend by seniority; the Colonels and the Colonels, by merit, and the other Officers, by merit and seniority. The General Director may have extraordinary promotions of the staff of Institutional Appointment to reward actions of exceptional self-denial or as posthumous recognition. In the case of the death of personnel of the degree of Subofficial of the Carabinieri, and of those whose death occurs during a strictly police procedure in which he participates in the performance of his duties, his posthumous promotion may be ordered to the rank of Subofficer Mayor of Carabineros. In the case of Carabinieri Officers, this extraordinary promotion may be available as posthumous recognition, by supreme decree issued through the respective Ministry, at the request of the Director General, to the extent immediately higher than the employment that was being served by the cause. In the event that an Officer is killed or invalidated on the occasion of a strictly police procedure in which he has participated in the performance of his duties, the extraordinary ascent may be available up to two degrees immediately. higher than the degree of employment that the deceased was serving. The extraordinary ascent of the Officers according to the provisions of the third and fourth incites can only be cured to the degree of General of the Carabineros. Personnel who have not been able to ascend because they are subject to administrative summary will recover all their rights when a firm sentence absolves or overcomes the final judgment of the summary. The administrative authority to cancel the sanction or to impose another sanction that does not prevent it from ascending. In such a case, when the promotion is available, it will recover, for all legal and regulatory effects, the time that it would have served in its new degree to not mediate the causal of impediment. Article 30.-In qualified cases, and at the disposal of the Director General, the Order and Security Colonels, who are in a position to ascend, are not promoted to the higher grade or enter the Complement Ladder, may remain in their respective escalations for up to four years. PARAGRAPH 5-Rights and Obligations Article 31.-Corresponds only to the respective authority of Carabineros to assign staff in the various positions and jobs according to the requirements of the police function. Article 32.-The commissions of service to perform functions other than the office, both within and outside the national territory, shall be arranged by supreme decree, issued through the Ministry of the Interior and Public Security, to Proposal of the Director General. Article 33.-The staff of Carabineros are entitled, as remuneration for their services, to the salary assigned to the degree of their employment and other additional remuneration, allowances, bonuses, bonuses and stipends of a general nature or These are special. In case of illness or accident in the service, the staff shall enjoy their full salary, until the recovery of their health. The remuneration shall be non-repayable, except by a decision enforceable in the case of food for up to 50%. In addition, it will enjoy the rights established by the law, such as the annual holiday, leave with or without pay, licenses or subsidies, tickets and freight, viatics, allowances for change of residence, costumes, equipment and tax food. The personnel of the Carabineros will be entitled to medical assistance and the benefits of curative and preventive medicine, in accordance with the legal norms in force. The health system that ensures the granting of these benefits will be financed by the resources established by the laws and with the contributions of the staff. Article 34.-Personnel who are injured in service or who are sick as a result of their duties shall be entitled, on the basis of an established administrative decision, to be charged with all costs of medical care, hospital care, surgical, dental, orthopaedic and other similar in relation to their clinical treatment, until they are discharged or declared impossible to resume their functions. This right shall be governed in the manner and conditions laid down in the Staff Regulations. The costs of transport of the injured or sick person, from the place where they are to the hospital in which they will be treated, such as those caused by subsequent checks and medical examinations, shall also be charged. Article 35.-Staff shall be entitled to years of payment of services for the withdrawal by accident at or as a result of the service; for being in isolated places; for working in harmful or harmful activities; for health, and for any other causal that makes this benefit, in the way that the law determines. Article 36. The disciplinary authority shall be exercised by the competent institutional authorities through a rational and fair administrative procedure. Personnel who breach their duties or obligations shall incur administrative responsibility as determined by the Disciplinary Regulation, without prejudice to any civil or criminal liability that may affect you. 37.-The staff of the Carabineros shall be subject to all those obligations, prohibitions and incompatibilities established in the Staff Regulations and other laws and regulations. PARAGRAPH 6 ° Term of the Race Article 38 °.-The staff of the Carabineros may |! |remain on a voluntary basis in the institution up to |! |the thirty-five years of services, prior to |! |annual authorization of the General Director, and will leave |! |belong to her by withdrawal or death. Article 39 °.-The supreme decrees and resolutions which grant or have the withdrawal of the General Officers, Colonels and Senior Officers shall set the date on which they shall be effective, which shall not be later than six months after that of the such decrees or resolutions. Equal rules will govern for civil personnel with thirty or more years of services that will occupy the highest degree of their scale. The respective vacancies may be occupied from the date of the decree or resolution granting or holding the withdrawal. Article 40.-The officers and the Civil Personnel of Supreme Nomination shall be included in the temporary withdrawal in any of the following cases: a) To whom the President of the Republic grants or has his retirement, a proposal of the Director; (b) who have remained for three months without a destination; (c) who have been available for more than three months; (d) who are called upon to qualify for services; and (e) who are liable to be liable to be liable to be cured. for the service. Article 41.-The officers and the Civil Service of Supreme Appointment shall be included in the absolute withdrawal in any of the following cases: (a) Who opt for voluntary retirement after 30 years of effective service in Carabineros; (b) Those who have been in temporary retirement for three years. However, in respect of the processed officer whose withdrawal is provided by the facts of the proceedings, the period shall be extended until the end of the case; (c) They shall be separated from the service or suspended by disciplinary measures. administrative or criminal penalties imposed in accordance with the Military Justice Code; (d) that they have been declared to be incurable and that it makes them impossible for the service or that they are included in any of the grounds of invalidity (e) Those who have completed 38 years of effective services such as: Officers or 41 computables for retirement. Nevertheless, the President of the Republic may reject the request for the withdrawal of the Officer who is currently holding the position of General Subdirector of the Carabineros, and may keep him in service for up to three years, at the request of the President. General Director. (f) which is twice the minimum time in the grade does not have the legal requirements for the promotion, and (g) to be eliminated by a classification list or disciplinary sanction of an expulsion established in the administrative process. Article 42.-The temporary withdrawal of the staff of Fíla and Civil from Institutional Appointment shall proceed as follows: (a) By resolution of the General Director; (b) By curable disease which temporarily makes it impossible for the service, and (c) By needs of the service. Article 43.-The absolute withdrawal of the staff of |! | Fila and Civil of Institutional Appointment will proceed by |! |the following causes: a) For serving thirty years of effective services |! |in Carabineros. However, on a voluntary basis you can |! |stay in the institution until thirty-five |! |years of services, prior to the annual authorization of the General |! | Director. By serving thirty-eight years of service |! |effective, the withdrawal will be enforced. b) For having spent three years in retirement |! |temporary. However, for processed personnel whose withdrawal |! |has been disposed of by the facts of the process, |! |this period will be prolonged until the termination of the |! |causa; c) By declared disease incurable that |! |impossible to continue in the service or by some |! |of the invalidity causes mentioned in the Staff Regulations |! |of the Staff; d) For having been removed by list of |! |classification or disciplinary sanction of character |! |eject, in administrative process; e) By request voluntary of those who will enteren |! |twenty-five years of effective services, and f) For having was convicted of desertion offense |! |or to any distress or degradation or loss of the |! |military state, according to the Code of Justice |! | Military. Article 44. The renunciation of employment, where it is accepted by the respective authority in accordance with the law, shall be considered as a temporary withdrawal, entitled to a pension, if the other legal requirements are met. TITLE III Antiquities, Command and Succession of Command PARAGRAPH 1 ° Antiquity Article 45.-The age is the length of stay of an official to a degree, according to the date of appointment, ascent, escalation or years of service. Article 46.-Within each Escalafon, the age shall be determined by the degree. On an equal basis, the date of promotion or appointment shall be treated as appropriate. If the promotions or appointments are produced by the same date, the seniority shall be fixed, for the ascents, for that which they had in the lower grade, and for the appointed, by the order that determines the respective decree or resolution. Article 47.-The seniority for the appointment of the Sublieutenants of Order and Security and of Intrends shall be determined in accordance with the average of the notes obtained in the courses of Aspirants to Officers. Article 48.-The seniority between Officers |! |belonging to different escalations, in |! |equality of hierarchical degrees, will be determined |! |according to the following order of precedence: 1) |! | Order and Security Officers; 2) |! | Intrend, and 3) Officers of the |! | Services. All in all, the Intrend Officers will occupy |! |within each grade the place that corresponds to them, |! |retaining the order of precedence of the respective |! |egress promotions of School Officers of |! | Carabineros. The seniority of the Service Officers will be |! |will determine, on equal degrees, according to the order of |! |ranking assigned to the various escalations. The seniority, the hierarchical grades and the rank are |! |will be exclusively among the staff of the Carabineros. |! | The above is without prejudice to the equivalences that the |! |law determines, for economic purposes, with the staff |! |of the National Defense Institutions. The seniority of the calls to the service regarding officers and personnel of institutional appointment, of the regular escalations, in equality of hierarchical degrees, will be followed by those. Among them will be the seniority of their respective call to the service. Article 49.-Range is the set of prerogatives of ord in order to be responsible to the Officer for the degree to which he or she has served. ARTICLE 50.-Command is the exercise of the authority that the law and the regulations give to the officers and other personnel of the Carabineros and the calls to the service, on their subordinates or subordinates for reason of fate, commission, Hierarchical grade or seniority. The police command in Carabineros is by nature the Officer of Order and Security, and that of another escalation by exception, on the personnel who are subordinate to him on the basis of the charge he performs, or assigned commission and which tends to directly to the achievement of the mission entrusted to the Carabineros of Chile. It is total, exercised at all times and circumstances and has no more restrictions than those expressly laid down in the laws and regulations. Article 51. The superior police command of the institution shall always be a General Officer of Order and Security, designated by the President of the Republic in the manner established in Article 93 of the Constitution of the Republic, the with the title of General Director of the Carabinieri, he will exercise his leadership and administration. Article 52-They are the powers of the Director General: (a) Propose to the President of the Republic, through the Minister of the Interior and Public Security, the appointment of the Inspector General who will serve as General Deputy Director of Carabineros. b) Propose to the President of the Republic, through the Minister of the Interior and Public Security, the disposition, organization and distribution of human and material means, according to the functions that the Political Constitution of the Republic and the laws entrust Carabineros. (c) To formulate the doctrine that allows the unit of criterion in the exercise of the command. d) Propose to the Minister of the Interior and Public Security the Institutional Budget. (e) Authorizing the assembly, repairs, transformations and modifications of the police material that forms part or is affected by the institution's service, without prejudice to the compliance with other legal norms that may be regulated these materials. (f) To conclude in accordance with the law the acts, contracts and conventions to be acquired, be of or take into use and to dispose of movable and immovable property, which are necessary for the functioning of the Carabineros, those that will be made through the Management of Logistics; as well as to contract the necessary services, even on the basis of fees, for the fulfillment of the corresponding institutional mission. (g) Approve the acquisition, withdrawal of the service, the disposal of weapons according to the institutional technical criteria, without prejudice to the legal provisions on these matters. (h) Approve and provide for the use and application of all the official publications of his Institution and the study texts of his/her plants. (i) Extrajudicial and extrajudicial in accordance with the law in the celebration of acts, contracts and conventions of any nature that are necessary for the achievement of their mission. (j) to delegate, by resolution, part of its purely administrative powers or obligations or duties of a protocol to other institutional authorities, including the right to sign in certain acts on specific matters. k) Propose to the President of the Republic, through the Minister of the Interior and Public Security, the designation of the Edecan de Carabineros of the Presidency of the Republic or for foreign personalities, which will be carried out by supreme decree in conformity with the decision-making powers conferred on the President of the Republic by the Political Constitution. l) Propose to the President of the Republic, through the Minister of the Interior and Public Security, the appointment of the Auditor General of Carabineros and of the Justice Officers who are part of the Marcial Court. (m) Authorizing the departure of the Officers abroad, for reasons of particular character in the use of holidays, permits or licenses according to the Staff Regulations. (n) Propose to the President of the Republic the Commission of Foreign Service of Plant Personnel.) Dispose the creation of administrative commissions to preserve, maintain, sell, use or produce goods and services for the High Partitions, Partitions or Units of the Institution. (o) Dispose the investment of funds which are used by law to the institution and the resources to be obtained by means of sales and sales referred to in the preceding letters. These last resources will constitute the own income of Carabineros and will not be paid to the nation's general income. (p) All other institutions that grant the law and the institutional regulations. Article 53.-The General Director may delegate, by means of a decision subject to the procedure for the taking of reason, part of his or her powers and institutional powers in the General Officer who is the position of General Subdirector. PARAGRAPH 3 ° Succession of Command Article 54.-The order of precedence is understood by succession of command to assume the functions, responsibilities and attributions inherent in the command. Article 55.-The succession of command shall always, without exception, fall on a member of Carabineros of the same scale as subordinate to that command, and shall be materialized at any time when he is prevented or temporarily disabled by him or Circumstantially. In the event of a temporary absence, impediment or inability, the Director General shall be subrogated by the oldest General Assistant Director or General Officer of Order and Security in the succession of command. Article 56.-The Staff Regulations shall provide for the other rules on command and succession of command. TITLE IV PARAGRAPH 1 Subparagraph 1 Of The Retirement Pension. Article 57-The staff of the Carabineros shall be entitled to a retirement pension when they credit twenty or more years of effective services affected by the provision of this title. Article 58.-The retirement pension shall be calculated on the basis of 100% of the last taxable amount of activity for a period of 30% for each year of service. The fraction of the year corresponding to each full month shall be computed at the rate of a twelve-year of thirty-two and the fraction of six months or more shall be computed as a whole year. Also, the pension will be computed with three years of age if the person concerned will be missing six months or less to find out when he or she is making his retirement effective. The retirement pension for female staff with 25 years of service or 20 years of services and 55 years of age will be calculated with a one-year increase for each child. The staff who rejoins the service in the same job or place, lose the benefit of the retirement pension granted, but have the right to have the previous service time paid to him for the purposes of his later retirement. Personnel returning to the service in other places or jobs of Carabineros, Armed Forces or Investigations Police will be entitled to have their pension reliqued in the terms indicated in the Staff Regulations. The same right will have the calls for the service in Carabineros. Article 59.-However, the retirement pension shall be determined, in the final form, according to the highest value resulting from: (a) the pension to be obtained by the person concerned on the basis of the calculation of the last taxable amount of activity, in accordance with the general rules of determination laid down in the previous Article and in the Staff Regulations, or (b) which corresponds to a taxable remuneration equivalent to the last activity, without regard to the adjustment granted by Article 12 of the Law No 18,224 or any general adjustment of the remuneration for any activity subsequently granted, but increased by the percentages of pension adjustments granted by application of the Article 2 ° of Decree Law No 2,547, 1979, to be counted from 1 ° October 1982, inclusive, and until the date of its granting. However, the amount of the pension may not exceed 100% of the last remuneration received in respect of the number of years taken into account, as a pension, in respect of which it may exceed that remuneration, whichever is the the proportion indicated, to the amount of the last remuneration. For the purposes of this Title, the remuneration in activity shall mean the total of the assets, excluding family allowances, mobilisation, loss of cash, machinery, ranch or colation, home, area and exchange of assets. residence, viatics, overtime and special bonuses. Article 60.-The right to a retirement pension shall also be granted to students of the Institutional Schools who are not plant personnel, who shall not be used as a result of an accident at the service, which shall always be a tax charge and shall be determine the salaries of the following jobs: (a) Aspirations for male and female officers: Lieutenant. b) Carabinieri male and female students: Cape 2 °. Article 61-Effective services in Carabineros are provided by personnel in any of the institutions of the National Defense or the Forces of Order and Public Security in the active exercise of their respective jobs, affected by the Directorate of the National Defense of the Carabineros or the National Defense Security Fund or in the commissions that the President of the Republic may entrust to him, even if they are not responsible for the functions of those jobs. Also, it will be effective services all the time of staying as an Applicant to Officer in the School of Carabinieri and as a Carabinero Alumni in the institutional training plants; the first year of study in the Institutional Schools of the The Armed Forces, approved with Valer Militar, regarding those who enter these schools without having hech or the Military Service; the last two years of study at the Military, Naval, Aviation, Military Women's Service, Investigations Police, Army Corps of Engineers, and Pilotines, School of Subofficers, Arms in the Army, the School of Grumettes, the School of Artisans and others in which courses of groups of the Navy and the School of Specialties of the Air Force operate, or the effective time that during that period the student remains or has remained in the respective establishment, and the time served as conscript and apprentice of the Armed Forces, provided that such periods have been listed in the National Defense Forecast Box or the Chilean Carabinieri Forecast Directorate, as appropriate. The time taken into account in the qualities referred to in the preceding paragraph shall in no case exceed three years in total. Article 62.-The services provided in the institutions affected by the regime of the Chilean Carabinieri Forecasting Directorate will be available for retirement. Services validly provided in any agency of the State Administration shall also be computable, provided that they are not parallel and have not been considered for another retirement or retirement. It shall also be taken into account for the withdrawal of the years of credits granted to staff for accidents suffered by acts of service. The time recognised in accordance with Law No 10,986, on the continuity of the forecast and the declared compatible for retirement or retirement for all legal effects by any law of a general or particular nature, shall also be taken into account. The last two years or four semesters of professional studies of the Officers of Justice, Health, Dental Health, Veterinary Service, Religious Service, and the Carabinieri Escalaphones will be considered as services. The corresponding impositions shall be the responsibility of the persons concerned and shall be calculated on the basis of grade 14 of the salary scale of Carabineros. The services referred to in this article shall not be computed to complete the twenty years of effective service required to provide retirement pension. Article 63.-Accident at the service of the service is the one who suffers the personnel because of the service, or in the performance of his or her duties or that occurs in connection with a police intervention that in the performance of his or her permanent duties has to do, even if it is in a free quality. Accidents shall also be considered as accidents in service which the staff is suffering when he is directed to the place where he or she is to perform his duties, as well as those which occur on the return journey between the usual or occasional place of work and his abode. For these purposes, the place of habitual or occasional residence of the staff is understood as a dwelling place, with a clear desire to inhabit, accommodate or stay in it. The accident involving personnel on board a police aircraft or aircraft shall be deemed to be the act of the service. Article 64.-The Central Medical Commission of Carabineros shall be exclusively responsible for the examination of the personnel, in order to establish their physical capacity to remain in the service or to determine the condition that makes it impossible to continue in the service. In the event of invalidity, the Director-General shall ultimately decide on the classification of the same, after a technical report has been evacuated by the Commission in accordance with the law. Article 65-Staff who are to be used as a result of an accident at an act of the service shall be entitled to an invalidity pension, which may be first, second or third class. According to their class, these pensions will be calculated on the basis of the alternatives listed below, with the result that the latter will be higher. Once determined, the provisions of Article 66 shall apply. (a) First class validity 1) A retirement pension corresponding to a remuneration equivalent to the last activity, in respect of years of service, increased by 10% of the salary of the respective employment, without exceeding the amount of the pension this. Staff with less than 20 years of service shall be deemed to be in possession of that minimum. (2) A retirement pension corresponding to a remuneration equivalent to the last activity, in respect of years of service, increased by 10% of the salary of the respective employment, without considering the adjustment granted by Article 12 of the Law No more than 18 224, nor any general readjustment of remuneration for any activity granted after, but increased in the percentages of pension adjustments granted pursuant to Article 2 of Decree Law No 2,547 of 1979, to be counted at 1 ° October 1982, including, and until the date of its granting. Staff with less than 20 years of service shall be deemed to be in possession of that minimum. In any event, this pension may not exceed the remuneration paid by the same in service with the same number of years of services. (b) Second Class Invalidity 1) A retirement pension equal to a sum equal to the salary and other allowances and allowances for which the same degree and years of service are enjoyed, except for the ranch. (2) The amount corresponding to a sum equal to the salary and other allowances and allowances enjoyed by similar persons of equal degree and years of service in activity, except for the ranch, without considering the adjustment granted by Article 12 of the Law No 18. 224, nor any general readjustment of remuneration of activity granted after, but increased in the percentages of pension adjustments granted pursuant to Article 2 of Decree Law No 2,547 of 1979, at the rate of 1% October 1982, including, and until the date of its granting. However, its amount may not exceed 20% of the last remuneration received in activity, in respect of which it receives its similar in active service, which corresponds to the total of its assets with equal number of years of services. (c) Invalidity of third class 1) A pension equivalent to the salary, allowance and bonuses enjoyed by similar persons of equal degree and years of service in activity. (2) A total pension equivalent to the salary, allowances and bonuses enjoyed by similar persons of equal degree and years of service, in activity, except for the ranch, without regard to the adjustment granted by Article 12 of Law No 18,224; (a) no general adjustment of the remuneration for any activity granted after, but increased in the percentages of pension adjustments granted pursuant to Article 2 of Decree Law No 2,547 of 1979, to be counted from 1 October 1990. 1982, inclusive, and until the date of its granting. The amount of this pension so calculated will not be limited in relation to the remuneration of the activity. In no case shall the retirement pension of the invalid be computed, in the case of the officers, on a salary lower than the grade of Lieutenant, and in respect of the staff of institutional appointment, on a salary lower than the grade of Sergeant 2 °. The staff concerned of a professional illness or a permanent invalidant shall be entitled, in accordance with the law, to be considered as a second class invalidity affected for all legal purposes. Second and third class invalidity pensions are in the form of compensation for all legal effects. Article 66.-The retirement pension, once granted and without prejudice to special adjustments, shall be automatically readjusted in 100% of the variation experienced by the cost of living, determined by the National Statistics Institute or by the body replacing it, between the month preceding the last adjustment granted and the month in which the variation reaches or exceeds 15%. The new adjustment shall be governed by the first day of the month following that in which the variation is fulfilled. These pensions may not, in the case of adjustments to be granted to them, be higher than the remuneration of the like in active service corresponding to the total of their assets, with equal number of years, having the right to receive by way of readjustments only those quantities which do not exceed that limit. This limit will be increased by 20% for the readjustments of second class invalidity pensions. The second subparagraph shall not apply to persons who receive a third class invalidity pension. Article 67.-Professional illness is caused in a direct manner by the exercise of the profession or the work performed by the staff and which produces the incapacity to continue in the service, or death. The respective regulations will determine occupational diseases. Permanent invalidative disease is the one that inuses those affected to continue to perform in the service and which means the loss of the work capacity to carry out a job or contract of remunerative work, so qualified by the Central Medical Commission of Carabineros. Article 68.-The staff concerned with a occupational disease, as well as those who have been or are to be recalled in the future for suffering from a permanent invalidating disease, shall be entitled in accordance with the law to be considered to be affected by a second class invalidity for all legal effects. Article 69 (70).-The invalidity retirement pension of the second or third class is of a kind as compensation for all legal effects. PARAGRAPH 2 ° of the Montepio and Indemnities. Article 70 (71).-The initial montepio pension to be granted in accordance with this law shall consist of 100% of the retirement pension which was in possession or which (i) it is or may correspond to the deceased. Article 70a.-On the basis of the right, the following may be assigned to the deceased: First, the widow or widower. The surviving spouse of a pensioner, to be a beneficiary of a montepio pension, must have married the deceased at least three years before the date of his death. This limitation shall not apply if, at the time of death, common children exist or if the spouse is pregnant, or if the deceased person dies in a given act of the service. In the second degree, the children. The children, to be beneficiaries of montepio, must be single and meet one of the following requirements: a) Being under 18 years of age. b) Be older than 18 years of age and under 24, if they are students of regular courses of basic, medium, technical or higher education. The quality of the student must be given to the date of death of the deceased or to acquire it before the age of 24. (c) Be invalid or not absolute, regardless of age. For these purposes, absolute invalidity or incapacity may occur after the death of the deceased, but before they meet the maximum ages set out in (a) or (b) of this paragraph, as appropriate. The invalidity of the montepio allocatarios shall be declared as such only when it is accredited by the competent Medical or Health Commission of the Institution to which the causative belonged. In the third degree, parents, provided that they are responsible for the death of the imposing family, are recognized by the competent body. In the absence of a widow or widower with a right to montepio, the children shall be born; the parents responsible for the family allowance shall be absent. The second and third-degree allocatees will receive their diminished pension by twenty-five per cent. If the deceased is a widow or widower with a right to a montepio and a child of earlier marriages or non-marriage, the pension shall be distributed between that, that and those, in the following form: (a) Each child of former marriages or non-marriage receive the proportion of the pension that would have been paid to the widow or widower, if there were no such children, determined as the ratio between 40% and the total number of second-graders. (b) The widow or widower shall receive 100% of the montepio's pension, unless there are children of previous marriages or non-marriage, in which case the percentage of the montepio pension to be applied shall be determined in accordance with the above in point (a) above. In the case of unmarried or divorced staff, without children, who dies as a result of a particular act of service, the parents shall be entitled to montepio. In the case of several persons called to the same degree, the pension shall be divided equally between them. The staff who die in active service shall be entitled to their own funds to be paid, in accordance with the degree of prior notice, the salary and other remuneration which they have enjoyed up to the date of the respective cessation, issue immediately after the montepio has been granted or, at the latest, within the next ninety days. The resolution giving the montepio shall be issued within the period of six months from the date of death. Article 71 (72).-The amount of staff deceased as a result of an act of the service shall be settled or re-adjusted, as appropriate, on the basis of 100% of the remuneration of the higher grade than the corresponding salary for which it was entitled or could correspond to the causative, whatever their years of service. In no case will the montepio be less than the salary of a Sergeant 2 ° of Carabineros. The provisions of Article 66 shall apply to the adjustment of all montepio pensions. Article 71a.-Staff who die in |! |accident in act of service, shall cause a |! |indemnity to the assigned montepio allocatarios |! |in article 70 bis or to his heirs intestados, |! |equivalent to two years of his salary taxable, which |! |will be a tax charge and will be paid for one time, |! |independent of pension and eviction. The compensation set out in this article is |! |regularised under the following rules: 1) They shall be entitled to it, the allocators of |! |montepio, in the exclusionary order that is available for |! |ellos; 2) If there are no montepio assignors, |! |they will have the right to her heirs "ab internecato", |! |in the order and proportions that the law establishes. The |! |first-degree allocators, in such a case, are |! |forcible, unless declared by judgment |! |court enforceable, which are unworthy of succeeding them; 3) For the purposes of this article the |! |compensation caused by persons In the case of a number of persons who have been assigned to the employment of the persons in question, they shall be entitled to the employment of the employees of the Member State of the State of the European Community. distribute in the same proportion |! |that the montepio pension, and 5) Your amount will be calculated on the basis of the |! |values of the scale of salaries in force to the date in |! |the corresponding resolution of montepio is dictated. The President of the Republic may declare, by |! |decree founded, that it is appropriate to grant the right to |! |montepio in favor of the staff of the staff of |! | Carabineros who disappear as a result of a |! |accident or catastrophe occurred in act determined |! |of the service. This statement can only be made after |! |fifteen days of accident or catastrophe, and |! |from the time it is done, proceed the |! |dictation of the decrees of montepio and eviction and |! |other relevant formalities. Article 72 (75).-The staff of the Carabineros who |! |during some of the states of exception |! |constitutional and performing in acts of the service |! |that they are direct and precise consequence of such |! |situations, which will qualify the General Director, |! |deceased or suffer any kind of invalidity, will have |! |right to benefits granted by the Staff Regulations |! | Staff, expanded in the form below |! |express: |! | 1) You will be considered in possession of 30 years of |! |services effective for the purposes of wages, higher |! |wages and trienes, whichever is been the time |! |real of its performance, and its eviction will be equivalent to |! |two years of its last taxable income. 2) You will be increased the compensation set in |! |the article 71a to an amount equivalent to three years |! |of the taxable salary which the causative would correspond to you |! |perceiving according to the legal provisions |! |in force and to the prescribed in the number to be anteced. The same rights will be enjoyed by the staff who, riging |! |or not a state of constitutional exception, is dead |! |or invalidated, victim of attacks by their own condition |! |member of Carabineros of Chile, this or not in the |! |performance of an act of service, or in a procedure |! |strictly police to participate in the |! |fulfillment of your duty, all of which will be qualified |! |by the General Director. Article 72a.-The montepio allocatarios |! |mentioned in article 70a whose causative |! |deceased in active service before they meet the 20 |! |years of services required in article 57 and without |! |right to obtain retirement pension, will have |! |right, in the order indicated, to the return of the |! |impositions made by the causative. The salary cessation of these causes |! |will be issued at the end of 6 months counted from the day |! |first of the next month in which the |! |death occurs, corresponding to the |! |remunerations accrued in this period to the same |! |allocatarios and in the same order as they would have |! |crowded in the case of being entitled to montepio. This benefit will not be deducted from the amounts that |! |the causative has perceived by concept of |! |remunerations in the month in which the death occurs. The right to impetate the benefit to which is |! |refers this article will prescribe within a period of a |! |year counted from the date of death of the |! |causative. ARTICLE 73 (77)-The staff who retire entitled to a pension shall receive a lump sum in the form of a pension, the amount of which shall be one month of the last remuneration on which the pension was paid to the "Fund for Desahucio", for each year or fraction equal to or greater than six months of valid effective services for this purpose, and for 30 monthly payments. Article 74.-They shall be entitled to receive the |! |compensation for the death of the |! |staff of the Chilean Carabineros, the persons appointed |! If the death occurs in acts of |! |service, the eviction will be 30 months of |! |remuneration, whatever the time served in the |! | Institution by the causative. The amount in which salaries and pensions are reduced |! |by concept of impositions for the eviction will be |! |exempt from all income tax. Article 75 (79).-Staff with a reicorporated pension or return to the service, in any quality or classification, may enjoy a second eviction, but only in relation to the new years of services that it establishes, provided that comply with the requirements laid down in the Staff Regulations. Article 76 (80).-Retirement and montepio pensions, eviction and other pre-viewing and indemnification benefits shall be deemed to be definitively and irrevocably fixed by the decision granting them, except for legal reason or manifest error (a) to be fixed on its own initiative by the Deputy Secretary or at the request of the person concerned within two years of the date on which they were granted. This, without prejudice or of the legal provisions on pension adjustments and reliquidations. Article 77 (81).-Pensions, evictions, refunds and indemnities shall be non-embargable, except for food pensions which are legally decreed, up to 50% of their amount. PARAGRAPH 4 OF THE SOCIAL SECURITY AND SOCIAL SECURITY SCHEME. Article 78 (82)-The system of social security and social security of the staff of the Carabineros plant is autonomous; it is also harmonious with the progression of its professional career, which exempted a periodic renewal of the different promotions. It basically includes the benefits of retirement pension and montepio, eviction, death compensation, health benefits, social benefits and other social security benefits that the law establishes. The Chilean Carabinieri Forecast Directorate is a functionally decentralized body, with legal personality and its own patrimony, which will be related to the President of the Republic through the Ministry of the Interior and Security It publishes, through the Secretariat of the Interior, and will grant the benefits that its respective organic law indicates. The management of the health system of the active-duty plant staff shall be in charge of the Institution. Article 79 (83).-The Fisco shall make an annual contribution to the agencies corresponding to cover the payment of the social security and social security benefits established by this law, which shall be consulted in the budget of the Nation and will be paid monthly per 12th advance. Without prejudice to the foregoing, the payment of the initial pension shall be paid, in a percentage of not less than 75% of them, and to the whole of any readjustment or increase of such allowances. Article 80 (84).-Without prejudice to the provisions of Article 33, the medical, dental, hospital, curative, outpatient and rehabilitation of staff in active service, in retirement and of the beneficiaries of the staff of the staff affected the (a) the pension scheme of the Directorate of Social Security of Chile, as well as that of persons who are responsible for the family allowance in accordance with the law, even if they do not receive such economic benefit, Address in the form that establishes its organic law and with the limitations that determine its availabilities budget. Article 81 (85).-The staff who have received the social security and social security system established by this law, in activity or in retirement, will contribute to the common benefits of the Carabinieri Social Security Directorate with the impositions that determine the law, without prejudice to tax contributions and other public or private source income. It will be up to this body to pay the retirement and montepio pensions, the compensation for death and the funeral fee, as well as the granting of the benefits provided for in its organic law. Article 82 (86).-The institutional hospitals, included in this name, that of the Carabinieri's Directorate of Forecasting, will be destined to provide medical assistance of every order, preferably to the staff in active service, in retirement, beneficiaries of montepio and their relatives. Your duties will be determined by the Directorate-General in accordance with the proposals made by the Directorates of these welfare establishments. The Carabinieri Welfare Directorate will be able to conclude the agreements that make it possible to grant health care in the hospitals of Carabineros to third parties outside that institution. Article 83 (87).-The staff employed, as regards the benefit of the pension, shall be affected by the system of individual capitalisation; and in respect of health benefits, it shall be governed by common legislation. Article 84 (88).-The funds for hospitals of Carabineros and the Directorate of the Foresight of Carabineros will be governed by the legal norms that created them. Article 85 (89)-The budget of the Chilean Carabineros will be made up of the economic resources provided by the National Budget Law as a fiscal contribution, and other resources that the law provides for. Article 86 (90).-The Nation's Budget Law shall annually consult the resources for the development of its activities. To this end, the Director General of Carabineros will propose to the Ministry of Interior and Public Security its budgetary needs, within the time limits and in accordance with the modalities established for the public sector. Any law that entrusts new functions to Carabineros should indicate the source of financing for the greatest spending that it means. However, the expenditure that requires the execution of activities from exceptional situations not covered by the Budget Law will be financed entirely with additional tax contributions. Article 87 (91).-The budget, accounting and administration of funds for the Carabineros of Chile shall be in accordance with the rules laid down in the Law of the Financial Administration of the State, without prejudice to the legal exceptions in force. However, the transfer of the respective subtitles of the same chapter will be made by supreme decree proposed by the General Director to the Minister of the Interior and Public Security, which will also lead to the signing of the Finance Minister. Article 88 (92).-Without prejudice to the resources corresponding to expenditure on staff, which shall be adjusted periodically in accordance with the rules governing these matters, the Budget Law shall allocate at least the other expenditure of the Carabineros, a contribution in national and foreign currency not less than the one assigned in the Law of Budgets approved for 1989, corrected the contribution in national currency by the factor that results from dividing the value of the average price index to the consumer of the year in which the respective law rija and the average of the year 1989. Article 89 (93).-Of the net police expenditure, qualified as such in the Budget Law on the proposal of the General Director, which are carried out within its Expenditure Budget, both in national or foreign currency, must be surrendered in the form reserved to the Ministry of the Interior and Public Security, through the Secretariat of the Interior, without prejudice to the obligations of surrender and information in other legal bodies. The reserved costs, the amounts of which shall be fixed annually, shall not be lower than the initially prescribed for that effect in 1989, updated by the procedure laid down in Article 88 of this Law. These expenses shall be fixed by supreme decree, issued by the Minister of the Interior and Public Security, and also signed by the Minister of Finance and shall have the sole obligation to render an account in a global and reserved manner, by means of Good Investment. Article 90 (94).-The information of the financial and budgetary movement to be provided to the bodies concerned shall be in accordance with the rules laid down in the Law of the Financial Administration of the State. The respective documentation will be maintained in the institution, where it can be reviewed by the relevant agencies and by the Comptroller General of the Republic, as appropriate. Article 91 (95).-The acts contracts or conventions relating to the acquisition, administration and disposal of the goods or services corresponding to the Rotary Supply Fund of the Carabinieri of Chile, shall be exempt from any tax or right, be it these prosecutors, customs or municipal. Article 92 (96).-As not provided for in this law and as soon as it is not contrary to it, the provisions of the Eatatuto of the Staff of Carabineros shall be governed by the other laws and regulations applicable to it. Article 93 (97).-This law shall govern the provision of Article 1 of the TRANSITIONAL Articles of 30 December 1989.The President of the Republic shall be empowered to carry out, within a period of 60 days, from the date of publication of that law, the Staff Regulations The Chilean Carabinieri Staff the adjustments resulting from the entry into force of this constitutional organic law, being able to fix its consolidated, coordinated and systematized text. As long as the powers referred to in the previous paragraph are not used, it will continue to govern, in all that is not contrary to this constitutional organic law, the D.F.L. I N ° 2, 1968, whose consolidated, coordinated and systematized text was established by Decree No 12 of 1977. Article 2.-The provisions of Law No 18,458 shall remain in force as soon as they are contrary to this law and, consequently, shall continue to apply as long as they are not expressly repealed. Article 3.-The personnel who are in service to the date of validity of this law and who have exercised the option granted to him by Article 6 ° of Law No 18,747, shall have the right to be liquidated by their eviction, in accordance with Article 14 of Law No 18,870, according to its last remuneration, and with the number of years of service valid for the withdrawal, at the time of its occurrence. JOSÉ T. MERINO CASTRO, Admiral, Commander in Chief of the Navy, Member of the Government Board.-FERNANDO MATTHEI AUBEL, General Air Force, Commander in Chief of the Air Force, Member of the Government Board.-RODolfo STange OELCkers, General Director, General Director of Carabineros, Member of the Government Board.-JORGE LUCAR FIGUEROA, Army Lieutenant General, Deputy Chief of the Army, Member of the Government Board. In the light of the provisions of Article 82 of the Constitution of the Republic of the Republic of the Republic of the Republic of Mexico, and because I have had the right to approve the previous law, I have sanctioned it and signed it as a sign of promulgation. Take for effect as the Law of the Republic. Register with the Comptroller General of the Republic, publish in the Official Journal and insert in the Official Collection of the Comptroller's Office. Santiago, 27 February 1990.-AUGUSTO PINOCHET UGARTE, Captain General, President of the Republic.-Patricio Carvajal Prado, Vice Admiral, Minister of National Defense. What I transcribe to you for your knowledge.-Jorge Beytia Valenzuela, Captain of Navio JT, Secretary of Legislation of the Government Board. CONSTITUTIONAL COURT |! | Constitutional Organic Law of |! | Carabineros of Chile. The Secretary of the Constitutional Court, who |! |subscribes, certifies that the Honorable Board of Government |! |sent the bill enunciated in the rubric to end of |! |that this Court exercised the control of its |! |constitutionality and that by Judgment of 21 February |! |of 1990 stated: 1 °. That the dispostions of the submitted project are |! |constitutional, with the exception of those that are consigned |! |in the second declaration. 2 °. That the following rules of the project are |! |unconstitutional and should be removed from it: |! | Article 8 °, third indent; Article 9 °, the phrase of your |! |paragraph first that says " and meet the other requirements |! |that establishes the Statute of the Staff "; Article 14, the |! |sentence of your first indent" under the conditions that |! |determine the Staff Regulations ", the phrase of your |! |second indent" For the purposes of determining the |! |seniority, you will abide by the rules contained in the |! | Staff Regulations "; Article 25, the phrase of your |! |paragraph first" in the form that determines the Statute |! |of the Staff "; Article 26, the sentence of his/her point |! |first" to determine the Statute "; Article 69; |! | Article 73; Article 74; Article 75; the sentence of his N ° |! | 2" established in the foregoing article "; Article 76; |! | Article 78, paragraph first. 3 °. The first paragraph of article 3 °, the Tribunal |! |declares it constitutional in the understanding that expresses the |! |considering 34 ° of the sentence; the first paragraph of the |! |article 4 °, in the intelligence that is expressed in the |! |considering 36 °; and the Article 10, first paragraph, |! |declares it constitutional with the prevention expressed in |! |the recital 39 ° of the sentence. 4 °. That Articles 2 °, third indent; 3 °, |! |incites fourth, fifth, and seventh; 7 °; 16; 19; 33, |! |incites first, second, third and fourth; 36; 52, |! |letters e), f), i), k), m) and n); 81; 86; 87; 88, and |! | Transient articles 1 °, 2 ° and 3 °, are rules of law |! |ordinary and therefore does not correspond to this Court |! |rule on them as stated in the |! |recital 8 ° of this ruling. 5 °. The Court also does not rule on the following provisions of the draft, in consideration of the |! |expressed in recital 9 of this judgment:-Article 1 °, first indent, the words "and the |! |law", and the fourth indent, the phrase " and in the legislation |! |respective ";-Article 2 °, first indent, sentence" their |! | Statute ", Military Justice Code and regulations |! |internal", and second indent, words "and laws";-Article 3 °, sixth indent, the phrase "in |! |conformity to the laws and general rules governing |! |the matter";-Article 8 °, First, the words "that |! |determine the law", second indent, the words "in |! |laws and regulations";-Article 11, the phrase "and according to the laws |! |in force";-Article 15, the sentence " in the form and conditions |! |that establishes the Staff Regulations ";-Article 18, first indent, the words" in the |! |form to be determined the law ";-Article 23, the phrase" and the staff who are |! |find in certain situations which points out the |! | Staff Regulations ";-Article 24, first indent;-Article 28, the words" and the Staff Regulations |! |respective ";-Article 33, in the Fifth, the phrase "of |! |conformity to the current legal norms" and paragraph |! |sixth, the words "with the resources that they establish |! |the laws";-Article 34, in the first paragraph, the sentence |! | " This right shall be regulated in the form and conditions |! |determining the Staff Regulations ";-Article 35, the sentence" in the manner determined |! |the law ";-Article 37, the words" in the Staff Regulations of the |! | Staff and other laws and regulations ";-Article 41, point (d), the phrase" or which are |! |included in some of the grounds of invalidity |! |established in the Statute of the Staff ";-Article 43, point (c), sentence" or by any of |! |the grounds of invalidity mentioned in the Staff Regulations of the |! | Staff ";-Article 44, the words" in accordance with the |! |law "and" if the other requirements are met |! |legal ";- Article 50, first paragraph, the words "that the |! |law and the regulations grant" and second, the |! |phrase "and has no restrictions other than those established |! expressly in the laws and regulations";-Article 52 (b), the words "and the laws", |! |letter (g), the phrase "without prejudice to the provisions |! |legal on such matters" and (p);-Article 56;-Article 58, final indent;-Article 59 (a), sentence "and Staff Regulations",-Article 67, second indent;-Article 68, the words "in accordance with the |! |law";-Article 79, the words " fixing the Statute |! |of the Staff ";-Article 82, the phrase" the law establishes ";-Article 85, first indent, words "that |! |determine the law"; second indent, the phrase "as well as the |! |bestowal of the benefits that are contemplated in your |! |organic law";-Article 89, the phrase "and other resources that |! |contemplate the law", and-Article 96. Rafael Larraín Cruz, Secretary.